Georgia Home Insurance v. Warten
Supreme Court of Alabama
Action upon a Fire Insurance Policy. Appeal from .the Circuit Court of Limestone. This action was brought by the appellee, Mattie A. Warten, against the appellant, the Georgia Home Insurance Company. The purposes of the suit, and the aver-ments of the complaint are sufficiently stated in the opinion.
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Action upon a Fire Insurance Policy. Appeal from .the Circuit Court of Limestone. This action was brought by the appellee, Mattie A. Warten, against the appellant, the Georgia Home Insurance Company. The purposes of the suit, and the aver-ments of the complaint are sufficiently stated in the opinion. To the third count of the complaint, the defendant demurred upon the following grounds: “1. Said count shows upon' its face that the alleged loss under said policy of insurance has been adjusted and paid. 2. Said count does not show that the plaintiff is entitled to rescind and repudiate the…
1Opinion of the Court
BRICKELL;' C. J.
The complaint contains three counts ; the first and second are analogous to the foi’m prescribed by the Code for a complaint on a policy of fire insurance, and their sufficiency is not drawn in question. The third, a demurrer to which was overruled, may be termed a special count, setting forth a particular state of facts on which the right of recovery is based. The count when analyzed, alleges that after the occurrence of the loss and injury to the stock of goods, covered by the policy of insurance, and after the agent of the defendant, and the agents of the other companies…
2Cases cited7 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Townsend v. CowlesSupreme Court of Alabama · 1858
- Pritchett v. MunroeSupreme Court of Alabama · 1853
- Davis, Moody Co. v. Betz & CullmanSupreme Court of Alabama · 1880
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- Old Southern Life Insurance Co. v. McConnellCourt of Civil Appeals of Alabama · 1974
- Corley v. VizardSupreme Court of Alabama · 1919
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